dismissed EB-3 RFE Issued
Health Services Manager
Health Services · 2023-04-04
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.
Framework Evaluation
0 of 1 criteria metEducation Credentials (Not Met)
The record did not contain an official university record showing a baccalaureate degree was awarded; transcripts suggested the Beneficiary did not graduate.
Job Qualifications (Not Met)
The Beneficiary did not meet the specific requirement of a bachelor's degree in commerce or accounting as specified in the labor certification.
Why This Petition Was Denied
The Beneficiary failed to meet the minimum requirements of the labor certification, which required a bachelor's degree in commerce or accounting. The record lacked an official college record showing a degree was awarded, and the Petitioner's reliance on the H-1B '3-for-1' experience rule was deemed inapplicable to this immigrant petition. Additionally, the labor certification (Form 9089) specifically stated that an alternate combination of education and experience was unacceptable.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE sought proof of the required bachelor's degree. The petitioner responded with an experience-based evaluation which contradicted the Form 9089 requirements.
RFE Targets
Education CredentialsJob Qualifications
Evidence
Skills Required
- Bachelor's degree in commerce or accounting
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Frequently Asked Questions
A dismissed EB-3 petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2023-04-04.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Criteria Met 0 / 1
EB-3 Case Data
Scraped Case Data
Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63
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